YOGESH JAGDISH JOSHI (MINOR) Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant Yogesh Jagdish Joshi in this case apprehending arrest in C.R. No. 3/2001 registered at Mahabaleshwar Police Station of which investigation was later on transferred to DID, Pune has filed the present application.

(2.) At the outset, it needs to be pointed out that earlier an application was filed and was withdrawn as applicant was asked to first make similar application to the Sessions Court. Thereafter, he moved the Sessions Court, Satara and Sessions Court, Satara having rejected the application, he has filed the present application.

(3.) Application as well as his mother, father, sister and certain outsiders are accused in this case and the charge is of committing murder of one Kunal, son of the complainant, in conspiracy. The facts in brief as narrated in my order dated 11th June, 2001 wherein mother of the applicant had moved an application for bail inasmuch as she had been arrested in the same crime. The case of the prosecution is that applicant's sister Hemlata had an affair with deceased Kunal. It also appears that on 29.5.2000 there was marriage and the marriage was registered at Pune after which the couple had gone for honeymoon trip at different places. Immediately on the next day of the incident one Umesh Thakur Desai and 3 others had gone to Panchagni and had threatened the complainant and his family members and enquired about the Hemlata. It is specific case of the prosecution that the applicant's parents had given contract to murder Kunal to the other co-accused with whom we are not concerned in the present application. In pursuance of the contract Kunal was murdered and dead body of Kunal was found on 21.4.2001 near one hotel on Panchagni-Mahabaleshwar Road. Kunal had left his house in Maruti car which was found in road and the injuries found on his person appeared to be caused by assault. It was a homicidal death. Kunal's father lodged FIR and present crime was registered. In the FIR the father did not express suspicion against anybody much less against the present applicant or even any of the family member. However, it does appear that since later investigation discloses names of different persons. Some of them came to be arrested. The present applicant could not be arrested and as such he has moved application for anticipatory bail.